Appellate courts address estate tax, trust division regarding adoptions
As adoptions have become more common and more accepted for expanding the family tree, courts have had to address some legal matters clarifying those familial ties.
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Book recounts ’08 presidential race
An Indiana lawyer intimately involved in Barack Obama’s presidential run has written a book about the campaign and
how the consistently Republican state went Democrat for the first time since 1964.
Lawyers tee off for annual event
The Hamilton County Bar Association hosted its annual Judges and Lawyers Golf Outing Aug. 25 at Fox Prairie Golf Course in Noblesville. Players of all skill levels participated in the 18-hole scramble-format tournament and enjoyed dinner, camaraderie, and prizes after golf.
Disagreements plague Camm case
Attorneys in the high-profile David Camm case in southern Indiana disagree about where to pull jurors from for a third murder
trial and whether the original prosecutor can continue on the case.
Appeals court hears back-pay arguments
Attorneys argued before the Indiana Court of Appeals on an appeal of a Marion Superior judge’s award of more than $42 million to a class of thousands of current and former state employees wanting to recover back pay for unequal wages earned between 1973 and 1993.
Indianapolis attorney chosen as magistrate judge
A partner at Indianapolis law firm Barnes & Thornburg has been chosen as the newest federal magistrate judge for the U.S. District Court for the Southern District of Indiana.
Partnership between law school and India continues
Ties between an Indiana law school and India were strengthened this summer as six students completed legal internships and
a professor began a study of that country’s trial courts.
Adult guardianship programs continue to operate with little funding
Courts around Indiana have started their own guardianship programs based on the Lake County model program in Allen, Elkhart,
Lawrence, St. Joseph, Tippecanoe, and Vanderburgh counties.
Guardians program fulfills need
To help address the need for guardians for patients of a northwest Indiana hospital, Lake County Judge Diane Kavadias-Schneider – with others in the court and with permission from Indiana Chief Justice Randall T. Shepard – worked on a guardianship program that involved temporary volunteer guardians.
Indianapolis IP attorney killed by husband after filing for divorce
Practicing law was never an obligation for Indianapolis attorney Mary Jane Frisby but a chance for her to say, “Wow, look what we get to do.”
7th Circuit upholds Indiana’s judicial canons
At a time when the legal community is caught up in controversies about how judges are selected and whether they can remain
impartial, the 7th Circuit Court of Appeals has weighed in on that national debate and ruled that states have the authority
to self-regulate on those issues as it relates to judicial canons.
The Caperton Plan
“The IBA will create a new political action committee named Attorneys for an Impartial Bench (“AIB”) to receive and distribute voluntary contributions to judicial candidates for the Marion County Circuit and Superior Courts. “The primary purpose of AIB is to provide IBA members with an alternate method of supporting judicial campaigns. “AIB will receive contributions […]
Indianapolis Bar Association forms PAC
The Indianapolis Bar Association may be the first statewide or nationally to create a plan aimed at combating judicial campaign-contribution
concerns on the heels of a landmark court ruling last year.
Opinions Aug. 30, 2010 ILD
The following opinion was posted after IL deadline Friday.
Indiana Supreme Court
In
the Matter of: Anonymous
18S00-0902-DI-73
Discipline. Privately reprimands attorney for engaging in misconduct by improperly revealing information relating to the
representation of a former client, a violation of Professional Conduct Rule 1.9(c)(2).
Today’s opinions
7th Circuit Court of Appeals
United
States of America v. Jennifer K. Howard
09-3840
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Jude Theresa L. Springmann.
Criminal. Affirms convictions of wire fraud and mail fraud. Holds that even if an indictment names particular victims, the
government need not prove intent to harm those named victims. The government proved that Howard intended to defraud the scheme’s
victims, and such intent was established by examining the circumstances of the scheme, not by who was specifically named in
the indictment.
Timothy
L. Runyon v. Applied Extrusion Technologies Inc.
09-3015
U.S. District Court, Southern District Court of Indiana, Terre Haute Division, Judge Larry J. McKinney
Civil. Affirms judgment as a matter of law in Applied Extrusion’s favor in Runyon’s action under the Age Discrimination
in Employment Act. There’s no evidence the company’s decision to fire Runyon was motivated by his age.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Terry
Gene Lay v. State of Indiana
10A01-1001-CR-17
Criminal. Affirms convictions of neglect of a dependent resulting in serious bodily injury as a Class B felony, neglect of
a dependent resulting in death as a Class A felony, reckless homicide as a Class C felony. Lay waived the issue of marital
privilege because he didn’t object during his wife’s testimony at trial concerning violation of the marital privilege.
Evidence supports his wife voluntarily waived the privilege. There is also no violation of the prohibition against double
jeopardy in the case.
Alphonzo
Fisher v. State of Indiana
10A01-1001-CR-21
Criminal. Reverses denial of motion to discharge. The state has an affirmative duty to pursue prosecution of Fisher and the
duty derives from a defendant’s right to a speedy trial. The balance of the Barker factors under the facts of the case
show Fisher’s constitutional right to a speedy trial was violated. Remands with instructions to dismiss the underlying
action against Fisher.
James
B. Perigo v. State of Indiana (NFP)
87A04-0911-PC-636
Post conviction. Affirms denial of petition for post-conviction relief.
Lake
Hellene, Inc., v. The Charter Oak Fire Insurance Company, et al. (NFP)
49A04-0910-CV-557
Civil. Reverses partial summary judgment foreclosing the litigation of the “common enemy” defense for claims
against Lake Hellene. Affirms refusal to grant partial summary judgment to Lake Hellene as to the applicability of a municipal
drainage ordinance. Remands for further proceedings.
Dan
Fry, et al. v. Wilma Sutherlin Hadley (NFP)
67A01-1002-PL-35
Civil plenary. Affirms order in favor of Hadley in her action for ejectment and against the Frys on their counterclaims for
breach of contract, promissory estoppel, slander, and interference with a contractual relationship.
Ernest
Lansford, III v. Allstate Insurance Company, et al. (NFP)
71A03-1003-PL-142
Civil plenary. Affirms judgment for Allstate in a negligence action for property damages resulting from a vehicle collision.
Term.
of Parent-Child Rel. of J.A.; H.P. v. I.D.C.S. (NFP)
45A03-1001-JT-80
Juvenile. Affirms involuntary termination of parental rights.
Carl
Lee Gary v. State of Indiana (NFP)
20A03-1004-CR-176
Criminal. Affirms sentence following guilty plea to three counts of forgery as Class C felonies, dealing in a sawed-off shotgun
as a Class D felony, and domestic battery as a Class A misdemeanor.
Richard
L. Cripe v. State of Indiana (NFP)
20A05-1002-CR-159
Criminal. Affirms denial of petition for permission to file a belated appeal.
Reymond
Barnett v. State of Indiana (NFP)
49A05-0912-CR-738
Criminal. Affirms convictions of and sentence for Class B felonies robbery and criminal confinement.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Aug. 30, 2010
7th Circuit Court of Appeals
United
States of America v. Jennifer K. Howard
09-3840
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms convictions of wire fraud and mail fraud. Holds that even if an indictment names particular victims, the
government need not prove intent to harm those named victims. The government proved that Howard intended to defraud the scheme’s
victims, and such intent was established by examining the circumstances of the scheme, not by who was specifically named in
the indictment.
Judges rule man’s right to speedy trial was violated
The state had an affirmative duty to pursue prosecution of a defendant under his right to a speedy trial, the Indiana Court
of Appeals ruled today. The appellate court also disapproved of the state’s blanket policy to not attempt to secure
the attendance of an accused incarcerated person in a foreign jurisdiction until he has finished serving his sentence there.
High court privately reprimands attorney
The Indiana Supreme Court has privately reprimanded an attorney for improperly revealing information about a former client
when socializing with friends.
Opinions Aug. 27, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Brian
S. Adcock v. State of Indiana
47A01-0912-CR-591
Criminal. Affirms convictions of two counts of Class A felony child molesting, two counts of Class B felony sexual misconduct
with a minor, and finding that Adcock is a repeat sexual offender. The trial court didn’t err in permitting the prosecutor
to analogize the standard of proof to a jigsaw puzzle during voir dire or in allowing the state to amend the repeat sexual
offender notice.
Michael
Butler v. State of Indiana
49A02-0904-CV-343
Civil. Reverses denial of Butler’s pro se motions to set aside default judgment against him for operating a truck in
a restricted lane on a highway consisting of at least three lanes, and for speeding, both as civil infractions. Butler engaged
in no “foot dragging” or other behavior seeking to delay the process and attempted to immediately address the
effects of his absence from the March 16 hearing. Procedural issues also interfered with his ability to obtain a hearing.
Remands with instructions to set a new trial date.
B.F.
v. Review Board, and Whirlpool Corp. (NFP)
93A02-1004-EX-379
Civil. Affirms denial of unemployment insurance benefits.
Katina
Starks v. State of Indiana (NFP)
02A05-1001-CR-27
Criminal. Affirms conviction of Class D felony theft.
Shawn
Davis b/n/f Misty Davis v. Animal Control-City of Evansville, Evansville Housing Authority, et al. (NFP)
82A01-0911-CV-527
Civil. Reverses summary judgment for the city defendants in Davis’ action following injuries he received from a dog
bite. Remands for further proceedings.
Ronald
C. Hedges v. Weyerbacher Farms (NFP)
87A05-1003-PL-275
Civil plenary. Affirms summary judgment for Weyerbacher Farms in Hedges’ lawsuit for breach of pasture lease, and declaratory
judgment abating rent payments and extending the term of the lease.
Term.
of Parent-Child Rel. of M.B., et al.; M.R. v. Marion County DCS and Child Advocates (NFP)
49A02-1002-JT-109
Juvenile. Affirms involuntary termination of parental rights.
Steve
Ballard v. State of Indiana (NFP)
49A02-1001-CR-63
Criminal. Affirms two convictions of murder and 110-year sentence.
Danitra
White v. State of Indiana (NFP)
49A02-0911-CR-1150
Criminal. Affirms convictions of Class D felonies domestic battery and two counts of battery.
Dustin
J. Baumbarger v. State of Indiana (NFP)
02A04-0912-CR-675
Criminal. Affirms conviction of Class D felony theft.
Thomas
A. Hopkins v. State of Indiana (NFP)
48A05-1002-CR-125
Criminal. Affirms revocation of placement in in-home detention and execution of part of Hopkins’ previously suspended
sentence.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Aug. 27, 2010
Indiana Court of Appeals
Brian
S. Adcock v. State of Indiana
47A01-0912-CR-591
Criminal. Affirms convictions of two counts of Class A felony child molesting, two counts of Class B felony sexual misconduct
with a minor, and finding that Adcock is a repeat sexual offender. The trial court didn’t err in permitting the prosecutor
to analogize the standard of proof to a jigsaw puzzle during voir dire or in allowing the state to amend the repeat sexual
offender notice.
Civics program cuts staff
The staff of the civics education program of the Indiana Bar Foundation will be restructured due to decreases in IOLTA funding
available for next year, the IBF announced today.